Legal Opinion
Jacobs v. Pierce (In Re Pierce)
District Court, D. Massachusetts
Decided April 29, 1997No. Civil Action No. 95-12557-REK, No. BK 89-13609-CJK, Adversary No. 92-1440PublishedCited by 5 opinions
1Opinion of the Court
OPINION
KEETON, District Judge.
What additional elements must a creditor of an attorney-debtor in bankruptcy prove to establish that the attorney’s pre-petition breach of a fiduciary duty, by nondisclosure of conflict of interests, constitutes a “defalcay tion” under 11 U.S.C. § 523(a)(1) and that as a result a debt (of at least $100,000) is not dischargeable?
Is the law governing lawyers, bearing on the response of a lawyer in Massachusetts to conflict of interests, relevant to whether the lawyer’s debt to a former client or prospective client is nondischargecible as a “defalcation in a…
2Cases cited32 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
- Mary Jane Wickman v. Northwestern National Insurance CompanyCourt of Appeals for the First Circuit · 1990
- In Re Byron C. Lewis Irene Lewis, Debtors. Byron C. Lewis Irene Lewis v. Mitchell R. ScottCourt of Appeals for the Ninth Circuit · 1996
27 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999
- M-R Sullivan Manufacturing Co. v. Sullivan (In Re Sullivan)United States Bankruptcy Court, D. Massachusetts · 1999
- Rutanen v. Baylis (In Re Baylis)United States Bankruptcy Court, D. Massachusetts · 1998
- Ramirez v. State, Unpublished Decision (2-6-2004)Ohio Court of Appeals · 2004
- Welch v. PaicosDistrict Court, D. Massachusetts · 1998